A. The standards for commissioning, warranting, enlisting; for promotion and demotion in grade or rank; and for assignment, transfer, discharge and retirement of members of the national guard shall be established by regulations promulgated by the adjutant general. Such regulations shall substantially conform these requirements to the laws and regulations of the United States relating to the national guard of the United States.
B. The regulations concerning discharge shall include a provision that a commissioned or warrant officer can be discharged only:
(1) upon removal of federal recognition by the national guard bureau;
(2) upon transfer by request of the officer to another military reserve component of the United States;
(3) upon resignation duly accepted by the governor;
(4) for absence without leave for more than ninety days;
(5) upon recommendation of a federal recognition board or other state efficiency board approved by the governor; or
(6) after a court-martial imposing a sentence of dismissal, if the sentence of dismissal is approved by the governor.
C. Discharge certificates shall reflect the character of the member's service. They shall conform as closely as practicable to discharge certificates of the United States military forces.
History: 1978 Comp., § 20-4-1, enacted by Laws 1987, ch. 318, § 18.
Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-4-1 NMSA 1978, as enacted by Laws 1961, ch. 198, § 11, relating to accountability for money and property, and enacted a new section, effective April 10, 1987.
Am. Jur. 2d, A.L.R. and C.J.S. references. — What circumstances constitute laches barring federal judicial review of allegedly wrongful discharge from military service, 100 A.L.R. Fed. 821.
Structure 2021 New Mexico Statutes
Section 20-4-1 - Standards for appointment, promotion, termination.
Section 20-4-2 - Administration of oaths.
Section 20-4-3 - Pay and allowances.
Section 20-4-4 - Members not liable for acts in performance of duty.
Section 20-4-5 - Workmen's compensation.
Section 20-4-6 - Discrimination prohibited; penalty.
Section 20-4-7 - Military leave for national guard and reserves.
Section 20-4-7.2 - Legislative findings and purpose.
Section 20-4-8 - Exemptions; jury duty and civil process; equipment.
Section 20-4-9 - Members of the national guard, state hiring preference.
Section 20-4-10 - Members of the national guard considered state employees.
Section 20-4-11 - Survivors' benefit; tuition payment.